Duke Energy's approval and cooperation was considered to be essential in advancing the highly anticipated Cincinnati streetcar project, and Wednesday the company announced it isn't willing to cooperate.

In a letter to Mayor Mark Mallory dated Feb. 8, Ohio and Kentucky Duke Energy President Julie Janson stated that Duke changed its mind after a year and a half of negotiations and that it wouldn't cooperate with the city's requests that Duke move utility lines downtown to make way for the streetcar's tracks. According to Janson's letter, the lines must be moved a minimum of eight feet from the edge of the streetcar before any progress can be made in the plan's implementation. Duke estimates that the relocation and replacement of the infrastructure would cost somewhere around $18.7 million, but City Manager Milton Dohoney said that estimate hadn't been verified by anyone else.

A series of contradictory tweets and blog comments posted by members of an anti-transit group has observers wondering of there is dissension in its ranks — or whether one member simply has anger management issues.

Ever since an initiative put on the Nov. 8 ballot by the Coalition Opposed to Additional Spending and Taxes (COAST) was rejected by voters, someone with the group has vowed on various local blogs that it still would try to block Cincinnati’s streetcar project.

U.S. Transportation Ray LaHood will hold a conference call Thursday afternoon with media to announce that Cincinnati's planned streetcar system is getting a $10.92 million grant. The announcement is set for 12:15 p.m.

Streetcar proponents have spent considerably more on their campaign than the anti-streetcar people, probably because Issue 48 is so wide-reaching it has brought out people concerned with things way more important than the streetcar such as regional planning, commuter rail and making Cincinnati not look like it totally sucks.

Also being outspent are the SB 5 supporters, who have seen support decline dramatically in recent weeks as people look around their neighborhoods and see a bunch of regular people whose rights would be taken away. And Building a Better Ohio does unethical things like this, which makes people think they are meanies.

Here's a blog about City Council candidate Chris Smitherman arguing against all the legal experts who say Issue 48 will block all rail construction through 2020.

Nat'l NAACP supports streetcar projects

Based on the latest comments on his Facebook page, it appears Christopher Smitherman either doesn't understand the wording of Issue 48 or is deliberately trying to mislead voters.

On Wednesday, Smitherman wrote on his Facebook page: “Remember Issue 48 DOES not STOP light rail but it does force City Council to ask the citizens (sic) permission before spending $144 million. City Council does not want to ask the people (for) permission.”

As several legal experts have agreed, Issue 48's net effect will be to stop the planning and construction of any type of passenger rail project within Cincinnati city limits until Dec. 31, 2020 — even if the project is privately financed.

The person who often ranks in polls as the most popular politician in Hamilton County is breaking with his Republican colleagues and is appearing in a new radio commercial urging a “no” vote on Issue 48.

Hamilton County Sheriff Simon Leis Jr. asks residents to oppose the anti-streetcar initiative that was placed on the ballot by the NAACP's local chapter and the Coalition Opposed to Additional Spending and Taxes (COAST). The commercial will begin airing Wednesday during the morning drive time period on WLW (700 AM) and WKRC (550 AM), two stations with predominately conservative, Republican audiences.

Although the current leader of the NAACP's local chapter is trying to block Cincinnati's planned streetcar system, two former leaders of the organization are coming out in support of the system in a big way.

Milton W. Hinton and Judge Nathaniel R. Jones have endorsed a “no” vote on Issue 48, the proposed anti-rail charter amendment that will appear on the Nov. 8 ballot in Cincinnati.

Miller, treasurer of the Coalition Opposed to Additional Spending and Taxes (COAST), recently apologized publicly after using the anniversary of the Sept. 11 terrorist attacks to tweet a comment comparing the attacks to a political battle about the planned Cincinnati streetcar system.

Now Miller has posted an altered photograph on his Facebook page that some people believe is racist. The photo depicts a streetcar filled with young African-American males brandishing weapons. The streetcar has a sign that reads, “Banks & Freedom Center Only.”

Organization could become first to utilize city’s proposed domestic partner registry

Kim
Lahman was doing cartwheels in her mind for Metro this morning.

The
organization’s Ridership and Development Director celebrated Metro’s
announcement on Thursday that it will provide health and dental benefits to
domestic partners of its employees.

Lahman
said she has used same-sex partner benefits in the past, when she went back to
school.

“[My
partner and I] know first-hand what it means to have the flexibility and
equality as others do in the workplace,” Lahman said at a press conference at
Metro’s office. “This is just a fantastic day and I’m so proud that Metro is
able to do the right thing.”

Metro
is the first employer to say it will use Cincinnati’s domestic partner registry
if the initiative passes next week in City Council. Should it pass, Cincinnati
will be the 10th city in Ohio to have a domestic partner registry.

Mayor
John Cranley and City Councilman Chris Seelbach attended the press conference
and spoke in support of the move.

Cranley
called it “symbolically and substantively right” and during the
announcement shared a memory in honor of Maya Angelou, her poem “On the Pulse
of Morning” at former President Bill Clinton’s inauguration in 1993.

“She
ended it with ‘Good morning,’” Cranley said. “I think this is a good morning
for Cincinnati, a new day.”

Many
of Cincinnati’s major employers, including Procter & Gamble, Kroger and
Macy’s offer same-sex and domestic partner benefits.

Seelbach
said while those companies already have systems to evaluate domestic
partnerships, the registry will give other companies like Metro an easy way to
provide those benefits.

“We
are now leaders in the nation and the region to make sure everyone is welcome
in our city, regardless of who they love,” Seelbach said. “Everyone should
bring their full self to their workplace and be able to do that with health
benefits for their partners.”

Seelbach
said while Metro is the first to say it will use the registry, other companies
like Cincinnati Bell have expressed interest.

Metro
is a nonprofit tax-funded public service of the Southwestern Ohio Regional
Transit Authority (SORTA) with around 850 employees.

One
of SORTA’s executive statements says the organization is committed to a work
environment that “promotes dignity and respect for all.”

Board
Chair Jason Dunn said SORTA’s commitment to inclusion is a great business
decision.

“It
shows that we value our employees,” Dunn said. “It shows that not only is Metro
on the cutting edge of transportation but also making sure we are open to
talent and we are open to retaining great talent in our system.”

Same-sex
partners with a valid marriage license, same-sex partners registered by a
government entity and same-sex partners with a sworn affidavit will be
recognized by Metro for domestic partner benefits, which will take effect
January 1, 2015.

Looser transfer time restrictions start Friday

If you're a Metro rider and often feel like making your bus transfer on time a little too closely resembles the hell that wasyour high school gym class, you're in luck: The folks at Cincinnati Metro have answered riders' requests to relax the time limit an issued transfer ticket is valid.

Beginning Friday, Nov. 1, it will extend its transfer time allowance from 90 minutes to two hours without increasing the cost.

CincinnatiMetro Public Relations Manager Jill Dunne says extending transfer times was one of the most-requested changes from readers and drivers in a survey issued earlier this month. The results of that survey, the Metro Report Card, should be issued in a week or so, says Dunn.

Transfers currently cost 50 cents in addition to the cost of fare; they're used on top of regular fares when riders must switch buses and combine bus routes to reach their destination.

Mallory announces construction to begin in April on track for 2015 completion

Another hurdle in the ongoing struggle to make the streetcar a reality was bypassed today, when Mayor Mark Mallory and City Manager Milton Dohoney, Jr. announced that after months entangled in a gridlock, Duke Energy and the city of Cincinnati have finally reached an agreement over who will pay for the relocation of utility lines.

Somewhat of an agreement, anyway. Mallory said that the city and Duke will go before a judge in Common Pleas court, who will make the final decision as to who should pay for the utility relocation. According to the agreement, Duke Energy will begin moving its utilities in the next few weeks, and the court decision will determine cost responsibility later. The city and Duke are expected to file in Common Pleas court within the next few weeks, although the court decision could take years to finalize.

The city broke ground on the streetcar nearly a year ago, but the skirmish between Duke and the city delayed further development — Duke refused to begin any kind of construction before financial responsibilitywas determined.

The reconciliation contains two separate agreements, one of which outlines how Duke will safely operate its utilities once the streetcar is in place. The other demarcates how Duke and the city will resolve the issue of financial responsibility; they've both agreed to abide by the court ruling after any appeals are exhausted.

"The utilities' agreements are in place, the cars are being orderedand
the construction bids are coming in," announced Dohoney.

Roxanne Qualls, city council member and Democratic mayoral candidate, has long been a supporter of the streetcar project, which she values as an indispensable economic investment for the city of Cincinnati. Yesterday, Qualls announced her request for the city to ramp upthe streetcar construction timeline in order to have the project completed in time for the All-Star Games, which will take place in Cincinnati July 2015. Her announcement came justweeks after the city revised its timetable to delay project completion until April 2016.

In a letter from Qualls to Mallory and Dohoney, she explains: “This may present a
challenge, but it is one I am sure the administration is capable of
meeting. The streetcar will serve a critical role in efficiently and
effectively moving visitors to and from Great American Ballpark and
allowing them to conveniently visit other venues such as Fountain
Square, Horseshoe Casino, Over-the-Rhine, Washington Park, etc.”

At the meeting, Mallory announced that the city would shoot for construction to be completed prior to the games, but there were no guarantees. The streetcar builderwill ultimately set the timeline for the project, according to Jason Barron, Mallory's director of public affairs.

CityBeat recently covered the streetcar project's delays and how the 2013 mayoral race could affect its progress here.

Project would still open in 2015

Cincinnati City Council plans to move $29 million in funds to avoid further delays for the streetcar
project, but the city is still looking at a 2015 opening date. City officials announced Wednesday that a council
committee will vote Monday on three pieces of legislation to keep the
$110 million project in line with the recently announced delayed opening.

One measure would front $15 million to help Duke Energy
move underground utility lines from the path of the proposed streetcar
route. That money comes from the recent $37 million sale of land near
the former Blue Ash Airport.

The city thinks it will get this money back once a dispute with Duke is resolved. The city contends that Duke is responsible for moving the
lines, which the utility estimates will cost $18.7 million. Duke
counters that the lines only have to be moved because of the streetcar
construction, so the city should foot the bill.

“We’re fronting money for the Duke work until we can work
out who pays for it with Duke,” city spokeswoman Meg Oldberding said.
“It’s to keep the project on time and on budget. Delays would escalate
the cost.”

Another ordinance would change the municipal code to
“confirm the city’s existing rights” and clarify that utilities pay for
the cost of relocating facilities unless otherwise negotiated, according
to a news release.

Oldberding said Cincinnati has always maintained that it is the
utility’s responsibility to relocate their facilities, so it is not a
change in the city’s position.

The final ordinance would change the funding source that
is repaying $25 million in bonds sold as part of the original plan to
fund the streetcar.

Those bonds were originally being repaid with money coming into city coffers from southern downtown and the riverfront area.

That area wasn’t bringing in as much cash as expected, so
the ordinance would have $14 million of the bonds repaid from a 1995
fund set up to collect service payments from the Westin/Star, Hyatt and
Saks.

Oldberding said once the downtown district rebounds — it includes the Banks and the casino — it would repay the other fund.

The ordinances would not add to the project’s cost. Construction is scheduled to begin early next year.

The ever-debated, never implemented property tax increase
will continue to be nonexistent, as will a new police station, playgrounds,
some public pools, Music Hall renovations and certain street repavings and
building demolitions, according to The Enquirer.
Councilwoman Laure Quinlivan will make the deciding vote against City Manager
Milton Dohoney’s proposed tax increase, which would add $46 to the owner of a
$100,000. Also against disproportionately taxing rich people are Councilmen Chris Seelbach, P.G.
Sittenfeld, Christopher Smitherman and Charlie Winburn. Quilivan says
the government isn’t the right size and that the government should make the
tougher changes before asking for more revenue.

The Enquirer today broke out its
Freedom of the Press Card, pressing the city to release details of
the bids to build the streetcar's five vehicles. Enquirer
Editor and Vice President Carolyn Washburn says the newspaper is
being a good watchdog by investigating all the redacted parts of
documents released by the city, which reportedly include typical
streetcar parts, performance data and personal information of
employees. A firm called CAF USA, which won the bid for more than $20
million, is trying to block the release of the data, along with two
losing bidders who claim the information is trade secret.

President Obama enjoyed an enthusiastic
welcome from Los Angeles LGBT supporters at an event in Beverly Hills.
Republicans are saying Obama is being all glitzy in California so
he's out of touch with Americans' struggles.

Cincinnati is moving forward, despite the better attempts of state Republicans

In his State of the City address
last week, Mayor Mark Mallory called on Cincinnati to continue pushing for
improvements. After years of stalling, projects like Washington Park’s
renovation, the Horseshoe Casino and the streetcar are finally moving forward,
and Mallory wants to make sure that work continues.

Politically and economically, it
makes sense. Not only have voters approved of both the casino and the
streetcar, but the projects will create jobs. Casino developers have already
begun to fill what they promise will be 1,700 permanent jobs, and city
estimates show the first segment of the streetcar will create 300 construction
jobs and 25 permanent jobs.

But while voters and local
politicians may approve, some state Republicans are doing their very best to
tear the projects down. Gov. John Kasich, who dismantled Ohio’s passenger rail
project, tried his hardest to continue his anti-transit rampage by railing
against the streetcar in public speeches last year. He even ripped away more than
$50 million in state funds from the project.

The casino has been a little
luckier, but not by much. Kasich has claimed both neutrality and approval of
casinos, but he has made building the Horseshoe Casino more difficult. Despite
the fact Ohio has the highest casino tax in the nation, Kasich pushed for
renegotiations for higher taxes and fees last year, ultimately delaying the
casino’s opening from late 2012 to spring 2013.

For the governor, such actions
probably make sense. Kasich has been an ardent supporter of tax cuts — sneaking
them into every single budget even when Ohio had a reported $8 billion deficit.
When he found massive education and health care cuts weren’t enough to close
the gap he helped create, he moved onto casinos and transit projects.

Still, the projects move forward. Kasich and other state
Republicans have not been successful in killing them off, largely thanks to
local voters and local politicians pushing back.

Meanwhile, the casino’s construction is 35 to 40 percent
complete, according to developers. This is despite an accident in January that
resulted in the injury of 20 workers after a steel beam fell and caused a floor
to partially collapse.

But what needs to be clear is that these developments are in
spite of state Republicans like Kasich. When these job-creating projects are
said and done, it’s important credit goes where credit is due — straight to
local voters and local politicians.

City chooses vehicle models and vendor

Mayor Mark Mallory last
night announced during his State of the City address that the city
has chosen the model and vendor for the first batch of streetcars.

The mayor's office today released details about the vendor, along with renderings of the streetcars Cincinnatians can expect to see traversing the 4-mile
loop that will cover 18 stops connecting The Banks, Government Square, Fountain
Square, Broadway Commons, the Gateway Quarter and Music Hall.

According to the release,
the vendor, CAF USA, has produced light rail vehicles for Pittsburgh,
Sacramento and Houston and streetcar vehicles for the international
cities such as Besançon and Nantes, France; Belgrade, Serbia;
Antalya, Turkey; Stockholm, Sweden; Edinburgh, Scotland; and Spanish
cities Zaragoza, Granada, Sevilla, Bilbao and Vitoria.

Officials
in February broke ground the Cincinnati Streetcar system, and the city hopes to add
additional phases connecting the Uptown area near the University of
Cincinnati once funding is secured.

Ohio law has exception for wire-powered vehicles

A review of the fine print in Ohio law could spell trouble for
Duke Energy in its dispute with Cincinnati about who must pay to move utility
lines to accommodate the city’s streetcar project.

Readers of CityBeat’s
March 6 cover story know that one of the legal arguments made by Duke Energy is
that it said the system qualifies as a utility itself under Ohio law. And one
utility has no legal obligation to reimburse another utility, Duke added.

City officials disagree with Duke’s interpretation, and the two
sides currently are trying to negotiate a compromise to the impasse.

The city is willing to pay $6 million to relocate Duke’s natural gas, chilled water, fiber and electrical
infrastructure along the streetcar route, but the firm insists it will cost at
least $18.7 million and possibly more.

A close reading of the Ohio Revised Code (ORC), however, reveals
it is unlikely that a streetcar system qualifies as a “public utility.”

Under Ohio law, the following items are defined as public
utilities:

“A motor transportation company, when engaged in the
business of carrying and transporting persons or property or the business of
providing or furnishing such transportation service, for hire, in or by motor-propelled
vehicles of any kind, including trailers, for the public in general,
over any public street, road, or highway in this state.” ORC §4905.03

“(B) “Motor vehicle” means any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other
than muscular power or power collected from overhead electric trolley wires.
“Motor vehicle” does not include utility vehicles as defined in division (VV)
of this section, motorized bicycles, road rollers, traction engines, power
shovels, power cranes, and other equipment used in construction work and not
designed for or employed in general highway transportation, well-drilling
machinery, ditch-digging machinery, farm machinery, and trailers that are
designed and used exclusively to transport a boat between a place of storage
and a marina, or in and around a marina, when drawn or towed on a public road
or highway for a distance of no more than ten miles and at a speed of
twenty-five miles per hour or less.” ORC
§4501.01(B)

Streetcars operate using overhead trolley wires, thus they aren’t considered
motor vehicles under Ohio law. But do they even qualify as vehicles? The ORC
defines vehicles as:

“(A) “Vehicles” means everything on wheels or runners,
including motorized bicycles, but does
not mean electric personal assistive mobility devices, vehicles that are operated exclusively on
rails or tracks or from overhead electric trolley wires, and vehicles
that belong to any police department, municipal fire department, or volunteer
fire department, or that are used by such a department in the discharge of its
functions.” ORC §4501.01(A)

Of course, streetcars run on rails and use power from electric
trolley wires. So, they aren’t vehicles either.

The conclusion: Either “motor-propelled vehicles” mean the same as “motor
vehicles” (in which case it doesn’t apply to streetcars) or “motor-propelled”
is an adjective to “vehicle” (which also doesn’t apply, as streetcars aren’t
vehicles).

In each instance, a streetcar system doesn’t fall into the legal realm of a “motor transportation company” and therefore isn’t a “public utility.”